Trademark Opposition

ARE YOU UPSET THAT SOMEONE OPPOSED YOUR APPLICATION FOR TRADEMARK REGISTRATION? OR REALLY WANT TO OPPOSE SOMEONE’S APPLICATION

Trademark is a unique mark, symbol or label that distinguishes your product from those of your competitors helping in its easy identification. Once an application is filed before the registrar, it will be kept for examination and the successful approval will lead to advertising the application in the Trademark Journal before it is registered. This advertisement is made to invite any opposition that a person raise against an application. The opposition can be raised on various grounds against the mark for being deceptive, cause confusion, scandalous, a threat to national security or similar with an existing mark or to.

eStartIndia comprises of best professionals who would help you in filing an effective and well drafted Trademark Opposition or response to the opposition before the Registrar. We offer assistance to various services like trademark registration, trademark objection, trademark assignment, trademark renewal, trademark opposition, and trademark rectification.

eStartIndia will help you with all Trademark registration and other connected services from the comfort of your home by offering you services that are very specialized and tailored for each individual.

Get a free Consultation for Trademark opposition with Our Top Rated Experts with a simple registration.

WHO CAN FILE AN OPPOSITION?

Any person, irrespective of their interest in the case can file an opposition before the registrar. Section 21 of the Trademark Act gives the right to any person to oppose the registration of a trademark. The opponent’s registration status in the trademark registry is immaterial.

WHAT MUST BE INCLUDED IN YOUR REPLY/OPPOSITION?

A brief and specific reasons to raise opposition or answers to opposition.
Relevant case laws to support your opposition/reply.
To prove the extensive usage of the mark, the applicant must produce a USER AFFIDAVIT.
Other evidence supporting the inherent usage of the mark and establish distinctiveness.
Evidence to prove that the applied trademark is a well-known trademark used by one other competitor.

Registration Process

PROCESS TO FOLLOW

eStartIndia comprises of best professionals who would help you in filing an effective and well-drafted Trademark Opposition or response to the opposition before the Registrar.

Step 1

CONSULT WITH eStartIndia :

After an advertisement is made the opponent or the applicant who wants to file a response to the opposition can consult with the professionals of our team through online and provide information.

Step 2

DRAFTING OF OPPOSITION/ RESPONSE:

Our professionals who are experts in identifying the best means for framing an opposition/ response will prepare a specific, effective and quality draft with the consent of the client.

Step 3

OPPOSITION/RESPONSE FILING OF :

The standard time prescribed for filing an opposition is 4 months from the date of advertisement and a response to an opposition shall be made within 2 months from the date of receipt of notice against the opposition. The experts of eStartIndia will file opposition/response before the registrar within the said period subject to the time taken by the clients in producing evidence.

Step 4

TRACKING:

Every development in the procedure of Trademark opposition filed by the client will be tracked and intimated from time to time.

Package

Basic

10999 /-

Package Includes:

Drafting of Opposition Notice
Filing of Opposition Notice
Written Notice to the other Trademark Applicant
Free Expert Support
Govt Fees.
Status Update

(Professional Fees)

FAQs

Does filing of opposition guarantee non-registration of a trademark ?

The acceptance of the reasons laid in your objection is under the discretion of the registrar and the circumstances of each case. Therefore the filing of opposition does not guarantee non-registration.

What are the grounds to file opposition ?

The opponent irrespective of their interest in the trademark can file an opposition on the following grounds:-

For the mark being generic in nature.
If the applicant had a bad intention to deceive the public.
If the mark is a threat to the public, against public morality or hurtful of religious sentiments.
If the mark falsely represents any geographical area.
If the mark is identical or similar to any pre-existing mark.

Can an appeal be filed for the rejection of opposition or response filed ?

Any person aggrieved by the order of the registrar can approach the Intellectual Property Appellate Board within 3 months from the date of that order.